BILL NUMBER: AB 1819	CHAPTERED  09/20/00

	CHAPTER   559
	FILED WITH SECRETARY OF STATE   SEPTEMBER 20, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   JUNE 27, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Member Shelley
   (Principal coauthor: Senator Speier)
   (Principal coauthor:  Assembly Member Washington)
   (Coauthors:  Assembly Members Alquist, Cardoza, Correa, Cunneen,
Davis, Dutra, Havice, Hertzberg, Honda, Keeley, Knox, Kuehl, Leach,
Lowenthal, Machado, Mazzoni, Scott, Strickland, Strom-Martin, and
Zettel)
   (Coauthors:  Senators Alarcon, Alpert, Bowen, Dunn, Karnette,
McPherson, Ortiz, Solis, and Soto)

                        FEBRUARY 3, 2000

   An act to amend Section 13515 of the Penal Code and to amend
Section 15610.53 of the Welfare and Institutions Code, relating to
elder abuse.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1819, Shelley.  Elder abuse.
   Existing law requires police officers and deputy sheriffs assigned
field or investigate duties to complete an elder abuse training
course certified by the Commission on Peace Officer Standards and
Training.  The training is required to include specified subjects.
   This bill would expand and recast the specified subjects to
include dependent adults and would add to the list of required
subjects physical and psychological abuse of elder and dependent
adults, and the role of the local adult protective services and
public guardian offices.  The bill would also require the Attorney
General, in conjunction with the Health and Human Services Agency, to
establish a statewide elder and dependent abuse awareness media
campaign subject to an appropriation for that purpose.
   Existing law establishes the Elder Abuse and Dependent Adult Civil
Protection Act which, among other things, requires specified
mandated reporters to report instances of elder abuse, as defined,
under certain circumstances and requires those reports to be
investigated by local law enforcement and child protective agencies
as specified.  Elder abuse is defined to include mental suffering.
   This bill would expand the definition of mental suffering to
include, among other things, deceptive acts or false or misleading
statements made with malicious intent to agitate, confuse, frighten,
or cause severe depression or serious emotional distress.  By
expanding the definition of reportable elder or dependent abuse, this
bill would impose increased duties on local officials.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13515 of the Penal Code is amended to read:
   13515.  Every city police officer or deputy sheriff at a
supervisory level and below who is assigned field or investigative
duties shall complete an elder and dependent adult abuse training
course certified by the Commission on Peace Officer Standards and
Training within 18 months of assignment to field duties.  Completion
of the course may be satisfied by telecourse, video training tape, or
other instruction.  The training shall, at a minimum, include all of
the following subjects:
   (a) Relevant laws.
   (b) Recognition of elder and dependent adult abuse.
   (c) Reporting requirements and procedures.
   (d) Neglect of elders and dependent adults.
   (e) Fraud of elders and dependent adults.
   (f) Physical abuse of elders and dependent adults.
   (g) Psychological abuse of elders and dependent adults.
   (h) The role of the local adult protective services and public
guardian offices.
  SEC. 2.  The Attorney General, in conjunction with the Health and
Human Services Agency, shall establish a statewide elder and
dependent adult abuse awareness media campaign.  The Attorney General
shall not expend any funds to establish this media campaign unless
funds are expressly appropriated for the purposes of this section.
No government or elected official shall appear, or be referenced, in
the elder and dependent adult abuse awareness media campaign.
  SEC. 3.  Section 15610.53 of the Welfare and Institutions Code is
amended to read:
   15610.53.  "Mental suffering" means fear, agitation, confusion,
severe depression, or other forms of serious emotional distress that
is brought about by forms of intimidating behavior, threats,
harassment, or by deceptive acts performed or false or misleading
statements made with malicious intent to agitate, confuse, frighten,
or cause severe depression or serious emotional distress of the elder
or dependent adult.
  SEC. 4.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
